Cases Argued and Decided in the Supreme Court of Mississippi Volume 1
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834 edition. Excerpt: ...the court, the bar and the public now sensibly feel and equally deplore-urged in argument, that an actual delivery of the ten slaves was unnecessary to entitle the plaintiff to recover--that the execution and delivery of the bill of sale was acomplete transfer of the slaves' to the defendant and constituted the entire performance of the consideration of the notes. The rule as expressed in the 2d volume Blackstone, page 448, is: That by a regular sale, without delivery the property is so absolutely vested in the vendee--that if A sells a horse to B for 106 and B pays him earnest, or signs a note in writing of the bargain, and afterwards, before the delivery of the horse or money paid, the horse dies in the vender's cus tody; still he is entitled to the money, because by the contract, the property was in the vendee. Agreeableto this rule, the delivery of the bill of sale, had there been no express agreement for an actual delivery of the ten slaves on a future day, might have been considered a constructive delivery of the slaves and have been construed a regular sale; but can it be said, that, " By the eontract between these parties the property was so completely vested in the vendee," that ifa part or all of these slaves had died in the custody of the plaintiff before the day upon which he agreed to deliver them that he would still have been entitled to the money. Such was evidently not the sense of the contract, or the understanding of the parties. A traditio manuum, an actual delivery on a future day was intended as a completion of the contract of sale and constituted an essential part of the consideration of the notes. If the plaintiff had wholly refused to deliver the entire slaves, and had sued upon these notes, ...
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- 13 Sep 2013
- Illustrations, black and white